AFS-14-342-E

November 21, 2014

 Exemption No. 11107

 Regulatory Docket No. FAA-2014-0415

Dr. Brent D. Bowen

Embry-Riddle Aeronautical University

3700 Willow Creek Rd.

Prescott, AZ 86301

Dear Dr. Bowen:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letter dated June 17, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Embry-Riddle Aeronautical University, Prescott Campus (ERAU-Prescott) for an 

exemption from §§ 61.160(b)(3(i) and 61.160(b)(3)(ii) of Title 14, Code of Federal 

Regulations (14 CFR) to the extent necessary to allow ERAU-Prescott to issue certifying 

statements that would allow students to be eligible for the restricted privileges airline transport

pilot (ATP) certificate in accordance with §§ 61.160(b) and (d). The FAA is also construing 

your petition for exemption as a request for relief from the requirements of § 61.169(b). 

Section 61.169(b) states, in pertinent part, that an institution of higher education may not 

certify a graduate for an ATPcertificate under the requirements of § 61.160 unless it 

determines that the graduate has satisfied the requirements of § 61.160.

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10957 (copy enclosed), the FAA 

found that that ERAU, Daytona Beach Campus, students were continuously evaluated through 

academic testing and flight observations as is accomplished under part 141. This training and 

testing, which may have led to an FAA commercial pilot certificate and instrument rating, 

would have been integrated into the broader academic curriculum within the aviation degree 

program offered by ERAU Daytona Beach. This integration is consistent with the rationale 
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articulated in the Pilot Certification and Qualification Requirements for Air Carrier 

Operations final rule preamble (78 FR 42324) for the requirements of § 61.160. 

In its petition for exemption, ERAU-Prescott specified that it provided commercial pilot and 

instrument rating training under its part 142 training center certificate between 2004 and 2009.

As such, the relief provided in this exemption is limited to only those students who were 

enrolled in an ERAU-Prescott degree program, listed on its letter of authorization (LOA), 

between 2004 and 2009. This limitation is reflected in Condition/Limitation #4. Any students 

who enrolled in ERAU-Prescott degree program after December 31, 2009, must have 

accomplished their commercial certificate and instrument rating ground and flight training 

under ERAU-Prescott’s approved part 141 pilot school certificate to meet the requirements of 

§ 61.160(b)(3).

In addition, the FAA will consider ERAU-Prescott’s request for exemption as a request to 

revise its letter of authorization (LOA) that provides authority to certify graduates for an ATP

certificate with reduced aeronautical experience. Concurrent with issuing this grant of 

exemption, the FAA has amended the LOA to permit ERAU-Prescott to certify graduates that 

have completed the requisite ground and flight training under its part 142 training center 

certificate. 

Having reviewed your reasons for requesting an exemption, I find that—

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 10957;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10957 

also apply to the situation you present; and 

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113, 44701, and 44703, which the FAA 

Administrator has delegated to me, I hereby grant Embry-Riddle Aeronautical University, 

Prescott Campus (ERAU-Prescott) an exemption from 14 CFR § 61.160(b)(3)(i),

§ 61.160(b)(3)(ii), and § 61.169(b) to the extent necessary to allow students who matriculated 

into the university's Aeronautical Science degree program before the start of the 2010

academic year, and who subsequently completed their instrument rating and/or commercial 

pilot training under part 142 at ERAU-Prescott, to be eligible for the restricted privileges ATP 

certificate in accordance with §§ 61.160(b) or (d), subject to the conditions and limitations 

listed below:
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Conditions and Limitations 

1. ERAU-Prescott must adhere to all the conditions and limitations listed within its letter 

of authorization (LOA) granting authorization for ERAU-Prescott to certify its graduates 

for an ATP certificate with reduced aeronautical experience. 

2. In exercising the relief provided in this exemption, ERAU-Prescott must include the 

following certifying statement on the graduate’s transcript: “Embry-Riddle Aeronautical 

University certifies that, in conjunction with the relief provided in Exemption No. 

10957, the requirements of § 61.160[(b) or (d)] for an Airline Transport Pilot Certificate 

with Reduced Aeronautical Experience have been met.” 

3. ERAU-Prescott must provide a copy of this exemption to each student for whom the 

relief is necessary and direct that student to provide a copy of the exemption along with 

the official transcript and certifying statement at the time of application for the practical 

test for the ATP certificate under § 61.160.

4. ERAU-Prescott can only exercise this exemption for its students who initially enrolled 

in the following Bachelor of Science degree program between 2003 and 2011, and 

subsequently completed the commercial certificate and instrument rating ground and 

flight training under ERAU-Prescott’s part 142 training center certificate:

a. Aeronautical Science

b. Aeronautics

5. The authority (in the LOA) to certify students who received training under ERAUPrescott’s part 142 training center certificate terminates upon expiration of this 

exemption. 

This exemption terminates on November 30, 2016, unless sooner superseded or rescinded.

Sincerely,

//s//

John S. Duncan

Director, Flight Standards Service

Enclosure[s]